Board rejects plan calling for 2 homes, 1 driveway

Staff Writer

By dave benjamin

FREEHOLD TOWNSHIP — Flag lots, by design, are not the preferred manner of subdividing a property, according to members of the Planning Board.

In keeping with that stand, Planning Board members on June 15 rejected an application for a two-lot subdivision of a 2.23-acre property on East Freehold Road near the intersection of Route 537.

The applicant was James H. Persons, owner of the parcel which is in an R-40 zone.

A flag lot configuration is one in which one driveway serves two lots.

A letter describing the property, written by Guy Leighton, township assistant planner, said the lot in question would be divided into two separate parcels. The first would be 46,028 square feet, while the second lot would be a flag lot containing 56,043 square feet. A variance was required for the second lot and a waiver was needed from providing an environmental impact statement.

A letter written by Joseph Mavuro, township engineer, stated that the subdivision was not recommended because "the current applicant is proposing a flag lot (one driveway serving two lots) configuration. I recommend that the board does not approve the application."

Driveway visibility was a concern since the driveway exits onto East Freehold Road and the driveway would have to be very close to the property line.

"My purpose for applying for a subdivision is purely a family desire," Persons said. "I live alone and I need a place where someone can look after my house when I’m overseas."

Persons is a minister who travels worldwide in his ministry.

"I knew it would require a flag lot, and I don’t particularly like them," Persons said. "I need two variances for this application. For the first property, I need a variance allowing for the width problem. This is 13 feet less than the 200 feet required.

"By having a common driveway, I believe it resolves the safety concern. The second lot has to be a flag lot. That is the only way to utilize the property, and I agree that flag lots are undesirable and should be extremely rare in any township," he said.

Persons noted there are flag lots in Freehold Township and said there is a property down the road from his which has a flag lot design.

One recommendation given to Persons by board member Joseph Louro was to build a larger house with a bedroom and an area for himself.

However, the minister said he is not ready for that.

"Most of what the reverend told you seems to be directed toward personal problems," said Francis C. Accisano, the board’s attorney. "The granting of a variance is a highly technical issue and requires certain proofs …. Personal desires and commitments are generally legally insufficient for the board to grant a variance."

During the public portion of the hearing Robert Jackson, Country View Drive, said his swimming pool ends near the property line and the driveway which is part of Persons’ application goes near that property line. If he were in his pool and looked up as a car drove by, there would be no privacy.

"The neighborhood doesn’t have houses facing people that way," Jackson said. "So I take objection to the proposal and the granting of a variance."

Jeffrey Malkin, Tanglewood Court, commented that his property has become a thoroughfare for children and predicted the driveway would create a second thoroughfare for children riding bikes.

"It’s a beautiful quiet place. I think a single house, a bigger house, would be a great idea," Malkin said.

Stephen Kornas, Tanglewood Court, told the board he was "concerned that this will become a throughway for kids."

"Kids, on their bikes, can go right down between the two houses into a cul-de-sac and then they can go right onto the road. I would welcome Mr. Persons to the neighborhood and I would like to have him as a neighbor, but certainly not under these conditions," Kornas said.

"A flag lot here would be detrimental," said Cruz Morales, Tanglewood Court. "One house is not a problem. Two houses would be detrimental."

Board members then voted to deny the application.

In other public hearings, attorney Allen S. Kaplan of Howell successfully represented Edward and Jennifer Fletcher, contract purchasers, for Gregory and Linda Zygo, owners of a 3.71-acre property on Pond Road near Glendale Drive which will be subdivided.

A bulk variance for building width at the property line was required where 125 feet was proposed and 200 feet are required. Waivers of the environmental impact statement and for sidewalks were also requested. Board members voted 8-0 to approve the application.

In an application by Paul H. and Janet Ekdahl to subdivide their 2.9-acre property on Dutch Lane Road near Palisade Drive, attorney John Dawes successfully represented his clients in obtaining several waivers and variances from the board.

Additionally, a public hearing was held for an application by Freehold Pontiac, Buick, GMC Truck Inc., which provides for a 7,550-square-foot addition to the existing motor vehicle sales and service facility on Route 9 south near Craig Road.

There will be a service drive-through and additional showroom area added to the facility. The existing building is 15,300 square feet without the new addition.

The 3.58-acre property is in the CMX-3B zone, and a variance for side lot setback was requested. Also requested were waivers for vehicle display and parking, two freestanding signs where one is permitted and soil borings.

Engineer Gregory J. Redington of Redco Engineering and Construction Corp., Westfield, said the building will get a facelift and have an interior drive-through which will alleviate traffic congestion.

With no questions from any members of the public, the board voted 8-0 to approve the application.

In other business, the Pierce Leahy Corporation received preliminary and final site plan approval for a 71,450-square-foot addition to its building on Route 33 near Kozloski Road.

Also given preliminary and final site plan approval was the Monmouth Executive Center IV, the proposed construction of a one-story, 64,000-square-foot building on Willowbrook Road near Halls Mill Road, as well as the joint detention-basin facilities on the adjoining 5.85-acre property which is currently owned by Paragon Freehold Land.